Why do I need an attorney who has trial experience?
Although most valid medical malpractice cases settle before trial, thereby allowing many attorneys to settle such cases without ever presenting a case to a jury, a client has limited options for reasonable settlement if he or she is represented by an attorney with limited trial experience. Any case will settle if and when the defendant doctor and/or hospital, along with their attorneys and insurance carriers, consider that their risks of proceeding to trial are greater than the amount they are willing to pay without a trial. In Arizona, there are a limited number of insurance companies that provide malpractice insurance for all of the doctors and hospitals in the state. In addition, there are also a limited number of defense attorneys who are used to defending medical malpractice cases. These attorneys and insurance companies are less likely to settle a case involving a plaintiff attorney who has little or no trial experience because their success rate at trial is much greater. Therefore, a plaintiff represented by an attorney without a proven track record of success at trial is at a severe disadvantage, even if he or she has a good case. Dr. Fagel has tried and settled more medical malpractice cases than any other attorney in the western United States. He is known and respected by all of the attorneys who defend doctors and hospitals in Arizona. As a result, he can settle his cases for maximum value because his opponents know that he is willing and able to take cases through a jury trial anywhere in the state.